us-irs-revenue-rulings-irb-2012-5-pdf•Internal Revenue Bulletin 2012-5 (PDF rendition): IRS Revenue Rulings
Internal Revenue Bulletin 2012-5 (PDF rendition): IRS Revenue Rulings
us-irs-revenue-rulings-irb-2012-5-pdfInternal Revenue Bulletin 2012-5 (PDF rendition): IRS Revenue RulingsGuidance
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Bulletin No. 201 2-5 January 30, 2012 HIGHLIGHTS OF THIS ISSUE These synopses are intended only as aids to the reader in identifying the subject matter covered. They may not be relied upon as authoritative interpretations. INCOME TAX T.D. 9561, page 341. REG–130777–11, page 347. Temporary and proposed regulations under section 1275 of theCodeprovidethatataxpayermustusethecouponbond method described in regulations section 1.1275–7(d) to ac- count for Treasury Inflation-Protected Securities issued with more than ade minimisamount of premium. A public hear- ing is scheduled for March 28, 2012. T.D. 9562, page 339. Final regulations under section 881 of the Code apply to mul- tiple-party financing arrangements that are effected through disregarded entities, and are necessary in order to determine which of those arrangements should be recharacterized as a conduit financing arrangement. Notice 2012–11, page 346. This notice provides transitional relief from information report- ing requirements in section 6045B of the Code that apply to issuers of stock with respect to organizational actions that af- fect the basis of the stock. EMPLOYEE PLANS Rev. Rul. 2012–5, page 337. 2012 covered compensation tables; permitted disparity. The covered compensation tables under section 401 of the Code for the year 2012 are provided for use in determining contributions to defined benefit plans and permitted disparity. Notice 2012–10, page 343. Weighted average interest rate update; corporate bond indices; 30-year Treasury securities; segment rates. This notice contains updates for the corporate bond weighted average interest rate for plan years beginning in January 2012; the 24-month average segment rates; the funding transitional segment rates applicable for January 2012; and the minimum present value transitional rates for December 2011. ADMINISTRATIVE Notice 2012–11, page 346. This notice provides transitional relief from information report- ing requirements in section 6045B of the Code that apply to issuers of stock with respect to organizational actions that af- fect the basis of the stock. Announcement 2012–5, page 348. This document contains corrections to final regulations (T.D. 9517, 2011–15 I.R.B. 610) relating to the enrollment of actuaries. Fi nding Lists begin on page ii. Index for January begins on page iv. The IRS Mission Provide Americ a’s taxpayers top-quality service by helping them understa nd and meet their tax responsibilities and en- force the law wi th integrity and fairness to all. Introduction The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conven- tions, legislation, court decisions, and other items of general interest. It is published weekly and may be obtained from the Superintendent of Documents on a subscription basis. Bulletin contents are compiled semiannually into Cumulative Bulletins, which are sold on a single-copy basis. It is the policy of the Service to publish in the Bulletin all sub- stantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, mod- ify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless otherwise indi- cated. Procedures relating solely to matters of internal man- agement are not published; however, statements of internal practices and procedures that affect the rights and duties of taxpayers are published. Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements. Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and procedures must be considered, and Service personnel and others concerned are cautioned against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same. The Bulletin is divided into four parts as follows: Part I.—19 86 Code. This part i ncludes rulings and decisions based on provisions of the Intern al Revenue Code of 1986. Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions and Other Related Items, and Subpart B, Leg- islation and Related Committee Reports. Part III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rul- ings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Secre- tary (Enforcement). Part IV .—Items of General Interest. This par t includes notices of proposed rulemakings, disbar- ment an d suspension lists, and announcements. The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the last Bulletin of each semiannual period. The c ontents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate. For sale by the Superintendent of Documents, U.S.Government Printing Office, Washington, DC 20402. January 30, 20122012–5 I.R.B. Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 Section 401.— Qualified Pension, Profit-Sharing, and Stock Bonus Plans 26 CFR 1.401(l)–1: Permitted disparity in employer- provided contributions or benefits. 2012 covered compensation tables; permitted disparity.The covered com- pensation tables under section 401 of the Code for the year 2012 are provided for use in determining contributions to de- fined benefit plans and permitted disparity. Rev. Rul. 2012–5 This revenu e ruling provides ta- bles of cove red compensation under §401(l)(5) (E) of the Internal Revenue Code (the “ Code”) and the Income Tax Regulatio ns thereunder, for the 2012 plan year. Section 40 1(l)(5)(E)(i) defines covered compensat ion with respect to an employee as the aver age of the contribution and ben- efit bases in effect under section 230 of the Social Se curity Act (the “Act”) for each year in th e 35-year period ending with the year in which t he employee attains social security reti rement age. Section 401(l )(5)(E)(ii) states that the determinatio n for any year preceding the year in which t he employee attains social security ret irement age shall be made by assuming tha t there is no increase in cov- ered compens ation after the determination year and befo re the employee attains social security re tirement age. Section 1.40 1(l)–1(c)(34) defines the taxable wag e base as the contribution and benefit bas e under section 230 of the Act. Section 1.4 01(l)–1(c)(7)(i) defines cov- ered compen sation for an employee as the average (wi thout indexing) of the taxable wage bases i n effect for each calendar year during the 35-year period ending with the last day of the calendar year in which the employee a ttains (or will attain) social se- curity ret irement age. A 35-year period is used for a ll individuals regardless of the year of bi rth of the individual. In deter- mining an employee’s covered compensa- tion for a plan year, the taxable wage base for all ca lendar years beginning after the first da y of the plan year is assumed to be thesameasthe taxablewagebaseinef- fect as of the b eginning of the plan year. An employee’s covered compensation for a plan year be ginning after the 35-year pe- riod applica ble under § 1.401(l)–1(c)(7)(i) is the employ ee’s covered compensation for a plan yea r during which the 35-year period ends . An employee’s covered com- pensation f or a plan year beginning be- fore the 35- year period applicable under § 1.401(l)– 1(c)(7)(i) is the taxable wage base in effe ct as of the beginning of the plan year. Section 1. 401(l)–1(c)(7)(ii) provides that, for p urposes of determining the amount of a n employee’s covered com- pensation under § 1.401(l)–1(c)(7)(i), a plan may us e tables, provided by the Com- missione r, that are developed by rounding the actua l amounts of covered compensa- tion for d ifferent years of birth. For purpo ses of determining covered compensa tion for the 2012 year, the tax- able wage base is $110,100. The follo wing tables provide covered compensa tion for 2012. ATTACHMENT I 2012 COVERED COMPENSATION TABLE CALENDAR YEAR OF BIRTH CALENDAR YEAR OF SOCIAL SECURITY RETIREMENT AGE 2012 COVERED COMPENSATION TABLE II 19071972 $4,488 190819734,704 19091974 5,004 1910 19755,316 19111976 5,664 191219776,060 191319786,480 191419797,044 1915 19807,692 191619818,460 191719829,300 1918198310,23 6 1919198411,232 1920 1985 12,276 1921198613,36 8 19221987 14,520 19231988 15,7 08 1924198916,9 68 1925 199018,312 1926199119,728 192 7 199 2 21, 192 2012–5 I.R.B.337January 30, 2012 ATTACHMENT I 2012 COVERED COMPENSATION TABLE CALENDAR YEAR OF BIRTH CALENDAR YEAR OF SOCIAL SECURITY RETIREMENT AGE 2012 COVERED COMPENSATION TABLE II 1928199322,716 1929199424,312 1930 199525,920 19311996 27,576 1932199729,304 1933199831,128 1934199933,060 1935 2000 35,100 1936200137,212 1937200239,444 1938200443,992 1939 2005 46,344 1940200648,816 19412007 51,348 19422008 53,952 19432009 56,628 19442010 59,268 1945 201161,884 19462012 64,560 1947201367,200 1948201469,696 1949 2015 72,096 1950 201674,400 1951 201776,620 1952 201878,744 1953 201980,808 1954 202082,824 1955 202286,664 1956 2023 88,524 1957 202490,300 19582025 91,980 1959 202693,600 19602027 95,160 1961202896,660 1962202998,064 1963203099,468 19642031100,824 1965 2032102,096 19662033103,284 19672034104,364 1968 2035105,324 19692036106,176 19702037106,896 19712038 107,556 19722039108,192 19732040108,768 19742041109,224 1975 2042 109,584 19762043109,812 19772044109,908 1978 2045 110,004 1979 and Later2046 and Later110,100 January 30, 20123382012–5 I.R.B. ATTACHMENT II 2012 ROUNDED COVERED COMPENSATION TABLE CALENDAR YEAR OF BIRTH 2012 COVERED COMPENSATION ROUNDED 1937 $39,000 1938–1939 45,000 194048,000 1941 51,000 1942 54,000 1943 57,000 194460,000 1945 63,000 1946–194766,000 194869,000 194972,000 195075,000 1951–1952 78,000 1953 81,000 1954 84,000 1955 87,000 1956–1957 90,000 1958–1959 93,000 1960–196196,000 1962–196399,000 1964–1966102,000 1967–1969 105,000 1970–1973108,000 1974 and Later110,100 DRAFTING INFORMATION The principal author of this rev- enue ruling is Michael Spaid of the Employee Plans, Tax Exempt and Government Entities Division.For further information regarding this revenue ruling, please contact the Employee Plans taxpayer assistance telephone service at 1–877–829–5500, between the hours of 8:30 a.m. and 4:30 p.m.Eastern time, Monday through Friday (a toll-free number). Mr. Spaid may be reached via e-mail at RetirementPlanQuestions@irs.gov. Section 881.—Tax on Income of Foreign Corporations Not Connected With United States Business 26 CFR 1.881–3: Conduit financing arrangements. T.D. 9562 Conduit Financing Arrangements AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final regulation. SUMMARY: This document contains final regulations relating to conduit financing arrangements. The final regulations apply to multiple-party financing arrangements that are effected through disregarded en- tities, and are necessary in order to deter- mine which of those arrangements should be recharacterized asa conduit financing arrangement. DATES:Effective Date: These regulations are effective on December 9, 2011. Applicability Date: These regulations apply to payments made on or after De- cember 9, 2011. FOR FURTHER INFORMATION CONTACT: Quyen P. Huynh at (202) 622–3880 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background On August 10, 1995, the Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) published final regulations under Treas. Reg. §1.881–3 relating to conduit fi- nancing arrangements pursuant to the authority granted by section 7701(l) of the Internal Revenue Code (the conduit financing regulations). See T.D. 8611, 1995–2 C.B. 286, (60 FR 40997). On December 22, 2008, the Treasury De- partment and the IRS published in the Federal Register(73FR246)anoticeof proposed rulemaking (REG–113462–08, 2012–5 I.R.B.339January 30, 2012 2009–4 I.R.B. 379) that proposed amend- ing §1.881–3(a)(2)(i)(C) of the conduit financing regulations to treat an entity disregarded as an entity separate from its owner for U.S. tax purposes as a person for purposes of determining whether a conduit financing arrangement exists. The proposed regulations were proposed to be effective as of the date final regulations are published in theFederal Register.In addition, the preamble to the proposed reg- ulations requested comments on whether “hybrid instruments” (instruments treated as debt for foreign law purposes and eq- uity for U.S. purposes) should constitute per se“financing transactions” under §1.881–3(a)(2)(ii)(A) and part of a “fi- nancing arrangement” within the meaning of §1.881–3(a)(2)(i)(A), or whether, at a minimum, certain hybrid instruments should be so treated, depending on spe- cific factors or criteria. Only one comment letter responding to the notice of proposed rulemaking was re- ceived. No public hearing was requested or held. After consideration of the com- ment, this Treasury decision adopts the proposed regulations with minor edits to Example 3and to clarify that the effective date of the final regulations also applies to newExample 3. Explanation and Summary of Comment The comment supported the proposed regulations and their interpretation of the term “person” to include a business en- tity that is disregardedasanentitysepa- rate from its single member owner under §301.7701–1 through §301.7701–3. The comment stated that to disregard an entity that is “regarded” for purposes of claiming treaty benefits would be inconsistent with the policy and purpose of the anti-conduit financing regulations. As relates to hybrid instruments, the comment did not support either approach raised in the preamble to the proposed regulations, expressing both policy and administrative concerns with each. The comment stated that any specific abuses that the Treasury Department and the IRS were concerned about could be better addressed by a more targeted rule that described the specific transactions and limited the application of the regulations to those transactions. In light of the wide array of considerations raised, the Trea- sury Department and the IRS have decided to continue to study the area and not to provide any specific rules on hybrid instru- ments as part of this regulation package. Accordingly, these regulations are final- ized without change,except to clarify that the effective date of the final regulations also applies to newExample 3andtomake minor edits toExample 3. The Treasury Department and the IRS continue to so- licit comments on the treatment of hybrid instruments in financing transactions. No inference should be drawn from any provision of these final regulations as to the treatment of financing transactions en- tered into with disregarded entities before the effective date of these final regulations or involving hybrid instruments. Special Analyses It has been determined that this Trea- sury decision is not a significant regula- tory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It is hereby certified that this regulation will not have a significant economic impact on a substantial number of small entities. Accordingly, a regu- latory flexibility analysis is not required. Pursuant to section 7805(f) of the Inter- nal Revenue Code, the notice of proposed rulemaking preceding this regulation was submitted to the Chief Counsel for Advo- cacy of the Small Business Administration for comment on its impact on small busi- ness. Drafting Information The principal author of these regula- tions is Quyen P. Huynh of the Office of Associate Chief Counsel (International). However, other personnel from the IRS and the Treasury Department participated in their development. ***** Adoption of Amendments to the Regulations Accordingly, 26 CFR part 1 is amended as follows: PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * Par. 2. Section 1.881–3 is amended by: 1. Removing the language “district di- rector” throughout this section and adding “director of field operations” in its place. 2.Removing the language “§1.1441–3(j)” throughout this section and adding “§1.1441–3(g)” in its place. 3.Removing the language “§1.1441–7(d)” throughout this section and adding “§1.1441–7(f)” in its place. 4. In the last sentence of paragraph (a)(3)(ii)(B), removing the second “fi- nanced” and adding “financing” in its place. 5.Removing the parenthetical language “(or a similar interest in a partnership or trust)” in paragraphs (a)(2)(ii)(A)(2) and (a)(2)(ii)(B)(1)and adding “(or a similar interest in a partner- ship, trust, or other person)” in its place. 6. Adding a new paragraph (a)(2)(i)(C). 7. In paragraph (e), redesignatingEx- amples 3,4,5,6,7,8,9,10,11,12,13, 14,15 ,16,17,18,19,20,21,22,23,24, and25asExamples 4,5,6,7,8,9,10,11, 12,13,14,15,16,17,18,19,20,21,22, 23,24,25,and26, respectively. 8. Adding a newExample 3in para- graph (e). 9. Revising the paragraph heading and adding a new sentence at the end of para- graph (f). The revisions and additions read as fol- lows: §1.881–3 Conduit financing arrangements. ***** (a) * * * (2) * * * (i) * * * (C)Treatment of disregarded entities. For purposes of this section, the term person includes a business entity that is disregarded as an entity separate from its single member owner under §301.7701–1 through §301.7701–3. ***** (e)Examples.*** Example 3.Participation of a disregarded in- termediate entity. The facts are the same as inEx- ample 2, except that FS is an entity that is disre- garded as an entity separate from its owner, FP, under §301.7701–3. Under paragraph (a)(2)(i)(C) of this section, FS is a person and, therefore, may itself be an intermediate entity that is linked by financing trans- actions to other persons in a financing arrangement. TheDSnoteheldbyFSandtheFSnoteheldbyFP January 30, 20123402012–5 I.R.B. are financing transactions within the meaning of para- graph (a)(2)(ii) of this section, and together constitute a financing arrangement within the meaning of para- graph (a)(2)(i) of this section. ***** (f)Effective/applicability date. *** Paragraph (a)(2)(i)(C) andExample 3of paragraph (e) of this section apply to pay- ments made on or after December 9, 2011. Steven T. Miller, Deputy Commissioner for Services and Enforcement. Approved November 29, 2011. Emily S. McMahon, Acting Assistant Secretary oftheTreasury(TaxPolicy). (Filed by the Office of the Federal Register on December 8, 2011, 8:45 a.m., and published in the issue of the Federal Register for December 9, 2011, 76 F.R. 76895) Section 1275.—Other Definitions and Special Rules 26 CFR 1.1275–7T: Inflation-indexed debt instru- ments (temporary). T.D. 9561 Treasury Inflation-Protected Securities Issued at a Premium AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Temporary regulations. SUMMARY: This document contains tem- porary regulations that provide guidance on the tax treatment of Treasury Inflation- Protected Securities issued with more than ade minimisamount of premium. The text of these temporary regulations also serves as the text of the proposed regula- tions (REG–130777–11) set forth in this is- sue of the Bulletin. DATES:Effective Date:These regulations are effective on December 5, 2011. Applicability Date:For the date of ap- plicability, see §1.1275–7T(k). FOR FURTHER INFORMATION CONTACT: William E. Blanchard, (202) 622–3950 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background Treasury Inflation-Protected Securities (TIPS) are securities issued by the De- partment of the Treasury. The principal amount of a TIPS is adjusted for any in- flation or deflation that occurs over the term of the security. The rules for the taxation of inflation-indexed debt instru- ments, including TIPS, are contained in §1.1275–7 of the Income Tax Regulations. See also§1.171–3(b) (rules for inflation- indexed debt instruments with bond pre- mium). The coupon bond method described in §1.1275–7(d) has applied to TIPS rather than the more complex discount bond method described in §1.1275–7(e). Under §1.1275–7(d)(2)(i), however, the coupon bond method is not available with respect to inflation-indexed debt instruments that areissuedwithmorethanade minimis amount of premium (that is, an amount greater than .0025 times the stated prin- cipal amount of the security times the number of complete years to the security’s maturity). In Notice 2011–21, 2011–19 I.R.B. 761, to provide a more uniform method for the federal income taxation of TIPS, the De- partment of the Treasury and the Internal Revenue Service announced that regula- tions would be issued to provide that tax- payers must use the coupon bond method described in §1.1275–7(d) for TIPS issued with more than ade minimisamount of premium. As a result, the discount bond method described in §1.1275–7(e) would not apply to TIPS issued with more than ade minimisamount of premium. No- tice 2011–21 provided that the regulations would be effective for TIPS issued on or after April 8, 2011. Explanation of Provisions The temporary regulations in this doc- ument contain the rules described in No- tice 2011–21. Under the temporary reg- ulations, a taxpayer must use the coupon bond method described in §1.1275–7(d) for a TIPS that is issued with more than a de minimisamount of premium. The tem- porary regulations contain an example of how to apply the coupon bond method to a TIPS issued with more than ade minimis amount of premium. As stated in Notice 2011–21, the temporary regulations apply to TIPS issued on or after April 8, 2011. See §601.601(d)(2)(ii)(b). Special Analyses It has been determined that this Trea- sury decision is not asignificant regula- tory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It has also been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations, and because the regulations do not impose a collection of information on small entities, the Regu- latory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Code, these regulations have been submitted to the Chief Counsel for Advo- cacy of the Small Business Administration for comment on their impact on small busi- ness. Drafting Information The principal author of these regu- lations is William E. Blanchard, Office of Associate Chief Counsel (Financial Institutions and Products). However, other personnel from the IRS and the Treasury Department participated in their development. ***** Amendments to the Regulations Accordingly, 26 CFR part 1 is amended as follows: PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * Section 1.1275–7T also issued under 26 U.S.C. 1275(d). * * * Par. 2. Section 1.1275–7T is added to read as follows: §1.1275–7T Inflation-indexed debt instruments (temporary). (a) through (h) [Reserved]. For further guidance, see §1.1275–7(a) through (h). (i) [Reserved] 2012–5 I.R.B.341January 30, 2012 (j)Treasury Inflation-Protected Securities issuedwith more than a de minimis amount of premium—(1) Coupon bond method.Notwithstand- ing §1.1275–7(d)(2)(i), the coupon bond method described in §1.1275–7(d) applies to Treasury Inflation-Protected Securities (TIPS) issued with more than ade minimis amount of premium. For this purpose, the de minimisamount is determined using the principles of §1.1273–1(d). (2)Example. The following example illustrates the application of the bond pre- mium rules to a TIPS issued with bond pre- mium: Example.(i)Facts. X, a calendar year taxpayer, purchases at original issuance TIPS with a stated prin- cipal amount of $100,000 and a stated interest rate of .125 percent, compounded semiannually. For pur- poses of this example, assume that the TIPS are is- sued in Year 1 on January 1, stated interest is payable on June 30 and December 31 of each year, and that the TIPS mature on December 31, Year 5. X pays $102,000 for the TIPS, which is the issue price for the TIPS as determined under §1.1275–2(d)(1). As- sume that the inflation-adjusted principal amount for the first coupon in Year 1 is $101,225 (resulting in an interest payment of $63.27) and for the second coupon in Year 1 is $102,500 (resulting in an inter- est payment of $64.06). X elects to amortize bond premium under §1.171–4. (For simplicity, contrary to actual practice, the TIPS in this example were is- sued on the date with respect to which the calculation of the first coupon began.) (ii)Bond premium. The stated interest on the TIPS is qualified stated interest under §1.1273–1(c). X acquired the TIPS with bond premium of $2,000 (basis of $102,000 minus the TIPS’ stated principal amount of $100,000).See§§1.171–1(d), 1.171–3(b), and 1.1275–7(f)(3). The $2,000 is more than thede minimisamount of premium for the TIPS of $1,250 (.0025 times the stated principal amount of the TIPS ($100,000) times the number of complete years to the TIPS’ maturity (5 years)). Under paragraph (j)(1) of this section, X must use the coupon bond method to determine X’s income from the TIPS. (iii)Allocation of bond premium. Under §1.171–3(b), the bond premium of $2,000 is allocable to each semiannual accrual period by assuming that there will be no inflation or deflation over the term of the TIPS. Moreover, for purposes of §1.171–2, the yield of the securities is determined by assuming that there will be no inflation or deflation over their term. Based on this assumption, for purposes of section 171, the TIPS provide for semiannual interest pay- ments of $62.50 and a $100,000 payment at maturity. As a result, the yield of the securities for purposes of section 171 is -0.2720 percent, compounded semian- nually. Under §1.171–2, the bond premium allocable to an accrual period is the excess of the qualified stated interest allocable to the accrual period ($62.50 for each accrual period) over the product of the tax- payer’s adjusted acquisition price at the beginning of the accrual period (determined without regard to any inflation or deflation) and the taxpayer’s yield. Therefore, the $2,000 of bond premium is alloca- ble to each semiannual accrual period in Year 1 as follows: $201.22 to the accrual period ending on June 30, Year 1 (the excess of the stated interest of $62.50 over ($102,000 x -0.002720/2)); and $200.95 to the accrual period ending on December 31, Year 1 (the excess of the stated interest of $62.50 over ($101,798.78 x -0.002720/2)). The adjusted acqui- sition price at the beginning of the accrual period ending on December 31, Year 1 is $101,798.78 (the adjusted acquisition price of $102,000 at the begin- ning of the accrual period ending on June 30, Year 1 reduced by the $201.22 of premium allocable to that accrual period). (iv)Income determined by applying the coupon bond method and the bond premium rules. Under §1.1275–7(d)(4), the application of the coupon bond method to the TIPS results in a positive inflation ad- justment in Year 1 of $2,500, which is includible in X’s income for Year 1. However, because X acquired the TIPS at a premium and elected to amortize the premium, the premium allocable to Year 1 will offset the income on the TIPS as follows: The premium al- locable to the first accrual period of $201.22 first off- sets the interest payable for that period of $63.27. The remaining $137.95 of premium is treated as a defla- tion adjustment that offsets the positive inflation ad- justment.See§1.171–3(b). The premium allocable to the second accrual period of $200.95 first offsets the interest payable for that period of $64.06. The re- maining $136.89 of premium is treated as a deflation adjustment that further offsets the positive inflation adjustment. As a result, X does not include in in- come any of the stated interest received in Year 1 and includes in Year 1 income only $2,225.16 of the posi- tive inflation adjustment for Year 1 ($2,500 - $137.94 - $136.89). (k)Effective/applicability date. Notwithstanding §1.1275–7(h), this sec- tion applies to Treasury Inflation-Pro- tected Securities issued on or after April 8, 2011. (l)Expiration date. The applicabil- ity of this section expires on or before December 2, 2014. Steven T. Miller, Deputy Commissioner for Services and Enforcement. Approved November 21, 2011. Emily S. McMahon, Acting Assistant Secretary oftheTreasury(TaxPolicy). (Filed by the Office of the Federal Register on December 2, 2011, 8:45 a.m., and published in the issue of the Federal Register for December 5, 2011, 76 F.R. 75781) January 30, 20123422012–5 I.R.B. Part III. Administrative, Procedural, and Miscellaneous Update for Weighted Average Interest Rates, Yield Curves, and Segment Rates Notice 2012–10 This notice provides guidance as to the corporate bond weighted average interest rate and the permissible range of interest rates specified under § 412(b)(5)(B)(ii)(II) of the Internal Revenue Code as in ef- fect for plan years beginning before 2008. It also provides guidance on the cor- porate bond monthly yield curve (and the corresponding spot segment rates), and the 24-month average segment rates under § 430(h)(2). In addition, this no- tice provides guidance as to the interest rate on 30-year Treasury securities un- der § 417(e)(3)(A)(ii)(II) as in effect for plan years beginning before 2008, the 30-year Treasury weighted average rate under § 431(c)(6)(E)(ii)(I), and the min- imum present value segment rates under § 417(e)(3)(D) as in effect for plan years beginning after 2007. CORPORATE BOND WEIGHTED AVERAGE INTEREST RATE Sections412(b)(5)(B)(ii)and 412(l)(7)(C)(i), as amended by the Pen- sion Funding Equity Act of 2004 and by the Pension Protection Act of 2006 (PPA), provide that the interest rates used to cal- culate current liability and to determine the required contribution under § 412(l) for plan years beginning in 2004 through 2007 must be within a permissible range based on the weighted average of the rates of interest on amounts invested conser- vatively in long term investment grade corporate bonds during the 4-year period ending on the last day before the beginning of the plan year. Notice 2004–34, 2004–1 C.B. 848, pro- vides guidelines for determining the cor- porate bond weighted average interest rate and the resulting permissible range of in- terest rates used to calculate current liabil- ity. That notice establishes that the corpo- rate bond weighted average is based on the monthly composite corporate bond rate de- rived from designated corporate bond in- dices. The methodology for determining the monthly composite corporate bond rate as set forth in Notice 2004–34 continues to apply in determining that rate. See Notice 2006–75, 2006–2 C.B. 366. The composite corporate bond rate for December 2011 is 4.71 percent. Pursuant to Notice 2004–34, the Service has de- termined this rate as the average of the monthly yields for the included corporate bond indices for that month. The following corporate bond weighted average interest rate was determined for plan years beginning in the month shown below. For Plan Years Beginning inPermissible Range MonthYear Corporate Bond Weighted Average90%to100% January2012 5.725.155.72 YIELD CURVE AND SEGMENT RATES Generally for plan years beginning after 2007 (except for delayed effective dates for certain plans under sections 104, 105, and 106 of PPA), § 430 of the Code specifies the minimum funding require- ments that apply to single employer plans pursuant to § 412. Section 430(h)(2) spec- ifies the interest rates that must be used to determine a plan’s target normal cost and funding target. Under this provision, present value is generally determined us- ing three 24-month average interest rates (“segment rates”), each of which applies to cash flows during specified periods. However, an election may be made under § 430(h)(2)(D)(ii) to use the monthly yield curve in place of the segment rates. Sec- tion 430(h)(2)G) set forth a transitional rule applicable to plan years beginning in 2008 and 2009 under which the segment rates were blended with the corporate bond weighted average described above, includ- ing an election under § 430(h)(2)(G)(iv) foranemployertousethesegmentrates without the transitional rule. Notice 2007–81, 2007–2 C.B. 899, provides guidelines for determining the monthly corporate bond yield curve, and the 24-month average corporate bond segment rates used to compute the tar- get normal cost and the funding target. Pursuant to Notice 2007–81, the monthly corporate bond yield curve derived from December 2011 data is in Table I at the end of this notice. The spot first, second, and third segment rates for the month of De- cember 2011 are, respectively, 2.07, 4.45, and 5.24. The three 24-month average corporate bond segment rates applicable for January 2012 are as follows: First Segment Second Segment Third Segment 1.98 5.07 6.19 The transitional rule of § 430(h)(2)(G) does not apply to plan years beginning af- ter December 31, 2009. Therefore, for a plan year beginning after 2009 with a look- back month to January 2012, the funding segment rates are the three 24-month aver- age corporate bond segment rates applica- ble for January 2012, listed above without blending for any transitional period. 2012–5 I.R.B.343January 30, 2012 30-YEAR TREASURY SECURITIES INTEREST RATES Section 417(e)(3)(A)(ii)(II) (prior to amendment by PPA) defines the appli- cable interest rate, which must be used for purposes of determining the minimum present value of a participant’s benefit under § 417(e)(1) and (2), as the annual rate of interest on 30-year Treasury se- curities for the month before the date of distribution or such other time as the Secretary may by regulations prescribe. Section 1.417(e)–1(d)(3) of the Income Tax Regulations provides that the applica- ble interest rate for a month is the annual rate of interest on 30-year Treasury secu- rities as specified by the Commissioner for that month in revenue rulings, notices or other guidance published in the Internal Revenue Bulletin. The rate of interest on 30-year Treasury securities for December 2011 is 2.98 per- cent. The Service has determined this rate as the average of the daily determinations of yield on the 30-year Treasury bond ma- turing in November 2041. Generally for plan years beginning after 2007, § 431 specifies the mini- mum funding requirements that apply to multiemployer plans pursuant to § 412. Section 431(c)(6)(B)specifies a minimum amount for the full-funding limitation described in section 431(c)(6)(A), based on the plan’s current liability. Section 431(c)(6)(E)(ii)(I) provides that the inter- est rate used to calculate current liability for this purpose must be no more than 5 percent above and no more than 10 percent below the weighted average of the rates of interest on 30-year Treasury securities dur- ing the four-year period ending on the last day before the beginning of the plan year. Notice 88–73, 1988–2 C.B. 383, provides guidelines for determining the weighted average interest rate. The following rates were determined for plan years beginning in the month shown below. For Plan Year s Beginning inPermissible Range MonthYear 30-Year Treasury Weighted Average90%to105% January20124.083.674.29 MINIMUM PRE SENT VALUE SEGMENT RAT ES Generally f or plan years beginning af- ter Decemb er 31, 2007, the applicable in- terest rat es under § 417(e)(3)(D) are seg- ment rates computed without regard to a 24-month av erage. For plan years be- ginningin2 008 through 2011, the appli- cable inter est rates are the monthly spot segment rat es blended with the applicable rate under § 417(e)(3)(A)(ii)(II) as in ef- fect for pl an years beginning in 2007. No- tice 2007– 81 provides guidelines for de- termining t he minimum present value seg- ment rates. Pursuant to that notice, the minimum pre sent value transitional seg- ment rates d etermined for December 2011, taking int o account the December 2011 30-year Tr easuryrateof2.98statedabove, are as foll ows: For Plan Years Beginning in First Segment Second Segment Third Segment 2011 2.25 4.164.79 20122.07 4.455.24 DRAFTING INFORMATION The principal author of this notice is Tony Montanaro of the Employee Plans, Tax Exempt and Government Entities Division. Mr. Montanaro may be e-mailed atRetirementPlanQuestions@irs.gov. January 30, 20123442012–5 I.R.B. Table I Monthly Yield Curve for December 2011 Derived from December 2011 Data Maturity YieldMaturity YieldMaturity YieldMaturity YieldMaturity Yield 0.5 0.67 20.55.0340.55.2760.55.3680.55.40 1.01.1021.0 5.04 41.0 5.27 61.0 5.36 81.0 5.40 1.5 1.49 21.55.0541.55.2861.55.3681.55.40 2.01.8322.0 5.06 42.0 5.28 62.0 5.36 82.0 5.40 2.5 2.11 22.55.0742.55.2862.55.3682.55.40 3.02.3423.05.0843.05.2963.05.3683.05.40 3.52.5423.55.0943.55.2963.55.3683.55.40 4.02.7224.0 5.10 44.0 5.29 64.0 5.37 84.0 5.40 4.5 2.89 24.55.1144.55.3064.55.3784.55.40 5.0 3.04 25.05.1145.05.3065.05.3785.05.41 5.5 3.20 25.55.1245.55.3065.55.3785.55.41 6.03.3426.05.1346.05.3066.05.3786.05.41 6.5 3.49 26.55.1446.55.3066.55.3786.55.41 7.03.6227.0 5.14 47.0 5.31 67.0 5.37 87.0 5.41 7.53.7527.55.1547.55.3167.55.3787.55.41 8.03.8728.0 5.16 48.0 5.31 68.0 5.37 88.0 5.41 8.5 3.98 28.55.1648.55.3168.55.3888.55.41 9.04.0929.05.1749.05.3269.05.3889.05.41 9.5 4.19 29.55.1749.55.3269.55.3889.55.41 10.04.2830.0 5.1850.05.32 70.0 5.38 90.0 5.41 10.5 4.36 30.55.1950.55.3270.55.3890.55.41 11.04.4431.0 5.1951.05.32 71.0 5.38 91.0 5.41 11.54.5131.55.2051.55.3371.55.3891.55.41 12.04.5732.05.2052.05.3372.05.3892.05.41 12.5 4.63 32.55.2152.55.3372.55.3892.55.42 13.04.6833.0 5.2153.05.33 73.0 5.39 93.0 5.42 13.5 4.72 33.55.2253.55.3373.55.3993.55.42 14.04.7634.0 5.2254.05.33 74.0 5.39 94.0 5.42 14.5 4.80 34.55.2354.55.3474.55.3994.55.42 15.04.8335.05.2355.05.3475.05.3995.05.42 15.5 4.86 35.55.2355.55.3475.55.3995.55.42 16.04.8936.0 5.2456.05.34 76.0 5.39 96.0 5.42 16.5 4.91 36.55.2456.55.3476.55.3996.55.42 17.04.9337.0 5.2557.05.35 77.0 5.39 97.0 5.42 17.54.9537.55.2557.55.3577.55.3997.55.42 18.04.9738.05.2658.05.3578.05.3998.05.42 18.5 4.98 38.55.2658.55.3578.55.4098.55.42 19.0 5.00 39.0 5.2659.05.35 79.0 5.40 99.0 5.42 19.55.0139.55.2659.55.3579.55.4099.55.42 20.0 5.02 40.0 5.27 60.0 5.35 80.0 5.40 100.0 5.42 2012–5 I.R.B.345January 30, 2012 Transitional Relief for Section 6045B Issuer Returns and Statements for 2011 Organizational Actions Notice 2012–11 PURPOSE This notice provides transitional relief from information reporting requirements in section 6045B of the Internal Revenue Code that apply to issuers of stock with re- spect to organizational actions that affect the basis of the stock. This notice provides that posting either Form 8937,Report of Organizational Actions Affecting Basis of Securities, or the required information in a readily accessible format to an issuer’s primary public Web site will satisfy an is- suer’s requirement to file and furnish Form 8937 for organizational actions occurring in 2011. This notice also provides that the Internal Revenue Service will not impose penalties for reporting incorrect informa- tion against issuers under sections 6721 or 6722 related to filing and furnishing Form 8937 for 2011 organizational actions pro- vided that they make good-faith efforts in timely posting the Form 8937 or the re- quired information on the issuers’ primary public Web sites or filing accurate Forms 8937 and furnishing the corresponding is- suer statements. BACKGROUND Section 403 of the Energy Improvement and Extension Act of 2008, Div. B of Pub. L. No. 110–343, 122 Stat. 3765, enacted on October 3, 2008, added section 6045B to the Code. Section 6045B pro- vides that, for organizational actions be- ginning in 2011, an issuer of stock must file a return with the Service to describe any organizationalaction (such as a stock split, merger, or acquisition) that affects the basis of a specified security. Under sec- tion 6045B(d) and section 6045(g)(3)(B), in 2011, a specified security is limited to stock in a corporation. The issuer gener- ally must file the return within 45 days af- ter the organizational action. The issuer must also furnish a corresponding state- ment to each nominee of the stockholder (or to each stockholder if there is no nomi- nee) by January 15th of the year following the calendar year of the organizational ac- tion. Because January 15, 2012, is a Sunday and January 16, 2012, is a Federal holi- day, issuers must furnish the required state- ments to stockholders or nominees by Jan- uary 17, 2012. Further, the Service an- nounced that issuers may report 2011 orga- nizational actions without penalty if Form 8937 is filed by January 17, 2012. Notice 2011–18, 2011–11 I.R.B. 549 (March 14, 2011). An issuer is not required to file an issuer return with the Service or furnish issuer statements to stockholders or nom- inees if it posts the return on its primary public Web site in a readily accessible format by the filing date. Treas. Reg. § 1.6045B–1(a)(3), (b)(4). The requirements under section 6045B do not apply to issuers of stock in a regu- lated investment company until 2012. TRANSITIONAL INFORMATION REPORTING REQUIREMENTS FOR ISSUERSOFSTOCKREPORTING ORGANIZATIONAL ACTIONS TAKEN IN 2011 Section 6721 imposes a penalty on any issuer of stock that does not timely file a correct issuer return with the Service as re- quired by section 6045B(a). Section 6722 imposes a penalty on any issuer of stock that does not timely furnish correct issuer statements to stockholders or nominees as required by section 6045B(c). The Ser- vice has learned that a number of ques- tions have arisen following the release of the final Form 8937 and instructions and recognizes that the release date provides a very limited timeframe remaining before the due date of the form. Accordingly, the Service will permit an issuer to publicly report an organizational action by posting either Form 8937 or the required information in a readily accessi- ble format to an area of its primary public Web site. The Service will treat the issuer as having filed Form 8937 and furnished issuer statements to stockholders or nom- inees on the date of posting of the Form 8937 or the required information. Further, the Service will not impose penalties for reporting incorrect infor- mation under sections 6721 and 6722 on issuers that must file information re- turns and furnish statements under section 6045B provided that they make good-faith efforts to timely post the Form 8937 or the required information on their primary public Web sites or file accurate Forms 8937 and furnish the corresponding issuer statements. The potential impact of the issues addressed in this notice will be con- sidered in assessing reasonable cause with respect to broker reporting required under section 6045(g). This transitional relief is limited to re- porting organizational actions occurring in 2011. This transitional relief does not ap- ply to issuers of stock in a regulated invest- ment company, which are not subject to the issuer reporting requirements for 2011 or- ganizational actions. DRAFTING INFORMATION The principal author of this no- tice is Carlton King of the Office of Associate Chief Counsel (Procedure & Administration). For further information regarding this notice, please contact Carlton King at (202) 622–4910 (not a toll-free call). January 30, 20123462012–5 I.R.B. Part IV. Items o fGeneralInterest Notice of Proposed Rulemaking by Cross-Reference to Temporary Regulations and Notice of Public Hearing Treasury Inflation-Protected Securities Issued at a Premium REG–130777–11 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking by cross-reference to temporary regula- tions and notice of public hearing. SUMMARY: In this issue of the Bul- letin, the IRS is issuing temporary regulations (T.D. 9561) that provide guidance on the tax treatment of Treasury Inflation-ProtectedSecurities issued with more than ade minimisamount of premium. The text of those regulations also serves as the text of these proposed regulations. This document also provides notice of a public hearing on these proposed regulations. DATES: Written or electronic comments must be received by March 5, 2012. Out- lines of topics to be discussed at the pub- lic hearing scheduled for March 28, 2012, must be received by March 7, 2012. ADDRESSES: Send submissions to: CC:PA:LPD:PR(REG–130777–11), room 5203, Internal Revenue Service, PO Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand-delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG–130777–11), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue, N.W., Washington, DC, or sent electronically, viatheFederaleRulemaking Portal atwww.regulations.gov(IRS REG–130777–11). FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, William E. Blanchard, (202) 622–3950; concerning submissions of comments, the hearing, and/or to be placed on the building access list to attend the hearing, Oluwafunmilayo (Funmi) Taylor, (202) 622–7180 (not toll-free numbers). SUPPLEMENTARY INFORMATION: Background and Explanation of Provisions Temporary regulations in this issue of the Bulletin amend the Income Tax Regu- lations (26 CFR part 1) relating to section 1275. The temporary regulations provide that the coupon bond method described in §1.1275–7(d) applies to Treasury In- flation-Protected Securities (TIPS) issued with more than ade minimisamount of premium. The temporary regulations ap- plytoTIPSissuedonorafterApril8,2011. The text of the temporary regulations also serves as the text of these proposed reg- ulations. In addition to comments on the text of the temporary regulations, the IRS and the Treasury Department request com- ments on whether the rules in the tem- porary regulations should be extended to other types of inflation-indexed debt in- struments. Special Analyses It has been determined that this notice of proposed rulemaking is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these reg- ulations, and because the regulations do not impose a collection of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Internal Revenue Code, this notice of proposed rulemaking has been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small businesses. Comments and Public Hearing Before these proposed regulations are adopted as final regulations, consideration will be given to any written comments (a signed original and eight (8) copies) or electronic comments that are submitted timelytotheIRS.TheIRSandtheTrea- sury Department specifically request com- ments on the clarity of the proposed rule and how it may be made easier to under- stand. All comments will be available for public inspection and copying. A public hearing has been scheduled for March 28, 2012, beginning at 10 a.m. in the IRS Auditorium, Internal Rev- enue Building, 1111 Constitution Avenue, N.W., Washington, DC. Due to building security procedures, visitors must enter through the Constitution Avenue entrance. In addition, all visitors must present photo identification to enter the building. Be- cause of access restrictions, visitors will not be admitted beyond the immediate entrance area more than 30 minutes before the hearing starts. For information about having your name placed on the build- ing access list to attend the hearing, see the “FOR FURTHER INFORMATION CONTACT” section of this preamble. The rules of 26 CFR 601.601(a)(3) ap- ply to the hearing. Persons who wish to present oral comments at the hearing must submit written or electronic comments by March 5, 2012 and submit an outline of the topics to be discussed and the time to be devoted to each topic (signed original and eight (8) copies) by March 7, 2012. A pe- riod of 10 minutes will be allotted to each person for making comments. An agenda showing the scheduling of the speakers will be prepared after the deadline for re- ceiving outlines has passed. Copies of the agenda will be available free of charge at the hearing. Drafting Information The principal author of these regu- lations is William E. Blanchard, Office of Associate Chief Counsel (Financial Institutions and Products). However, other personnel from the IRS and the Treasury Department participated in their development. ***** Proposed Amendments to the Regulations Accordingly, 26 CFR part 1 is proposed to be amended as follows: 2012–5 I.R.B.347January 30, 2012 PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * Par. 2. Section 1.1275–7 is revised to read as follows: §1.1275–7 Inflation-indexed debt instruments. [The text of the proposed amendments to §1.1275–7 is the same as the text for §1.1275–7T(i) through (k) published else- where in this issue of the Bulletin]. Steven T. Miller, Deputy Commissioner for Services and Enforcement. (Filed by the Office of the Federal Register on December 2, 2011, 8:45 a.m., and published in the issue of the Federal Register for December 5, 2011, 76 F.R. 75829) Regulations G overning the Performance o fActuarial Services Unde r the Employee Retirement I ncome Security Act of 1974; C orrection Announcement 2012–5 AGENCY: Joint Board for the Enrollment of Actuaries. ACTION: Correcting amendment. SUMMARY: This document describes correcting amendments to final regula- tions (T.D. 9517, 2011–15 I.R.B. 610) relating to the enrollment of actuaries. These regulations were published in the Federal Registeron Thursday, March 31, 2011 (76 FR 17762). DATES: This correction is effective on December 28, 2011, and is applicable on March 31, 2011. FOR FURTHER INFORMATION CONTACT: Patrick McDonough, Execu- tive Director, Joint Board for the Enroll- ment of Actuaries, at (202) 622–8229 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The final regulations (T.D. 9517) that are the subject of thiscorrection are un- der section 3042 of the Employee Re- tirement Income Security Act of 1974 (88 Stat. 829), Public Law 93–406 (ERISA). Need for Correction As published, final regulations (T.D. 9517) contain errors that may prove to be misleading and are in need of clarification. ***** Correction of Publication Accordingly, 20 CFR part 901 is cor- rected by making the following correcting amendments: PART 901—REGULATIONS GOVERNING THE PERFORMANCE OF ACTUARIAL SERVICES UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 Paragraph 1. The authority citation for part 901 continues to read in part as fol- lows: Authority: These rules are issued under authority of 88 Stat.1002; 29 U.S.C. 1241, 1242.See also5U.S.C.301;31U.S.C. 330; and 31 U.S.C. 321. Par. 2. Section 901.11 is amended by: 1. Revising the first sentence of para- graph (f)(1)(i). 2. Revising paragraph (l)(4)(ii). 3. Revising the last sentence of para- graph (o)Example 4(i), and paragraphs (o) Example 6(iii) and (o)Example 7(ii). The revisions read as follows: §901–11 Enrollment procedures ***** (f) * * * (1) * * * (i) Core subject matter is program con- tent and knowledge that is integral and necessary to the satisfactory performance of pension actuarial services and actuarial certifications under ERISA and the Inter- nal Revenue Code. * * * ***** (l) * * * (4) * * * (ii)Placement on the inactive roster af- ter notice and right to respond.TheEx- ecutive Director will move an enrolled ac- tuary who does not submit a timely appli- cation of renewal that shows timely com- pletion of the required continuing profes- sional education to the inactive roster only after giving the enrolled actuary 60 days to respond as described in paragraph (l)(1) of this section. ***** (o) * * * Example 4. (i) * * * Accordingly, effective April 1, 2014, H is placed on the roster of inactive enrolled actuaries and is ineligible to perform pension actuarial services as an enrolled actuary under ERISA and the Internal Revenue Code. ***** Example 6. *** (iii) Note that the total of 15 hours of con- tinuing professional education credit that H com- pletes between January 1, 2011, and December 31, 2013, as well as the 10 hours of continuing profes- sional education credit between January 1, 2014, and December 31, 2016, are not counted toward H’s return to active status and are not taken into account toward the additional hours of continuing professional education credit that H must complete between January 1, 2020, and December 31, 2022, in order to be eligible to file an application for renewal of enrollment active status effective April 1, 2023. Example 7. *** (ii) J completes 5 hours of core continuing profes- sional education credit and 4 hours of non-core con- tinuing professional education credit between Jan- uary 1, 2014, and October 6, 2014. Because J did not complete the required 12 hours of continuing pro- fessional education (of which at least 6 hours must consist of core subject matter) during J’s initial en- rollment cycle, J is not eligible to file an application for a return to active enrollment on October 6, 2014, notwithstanding the fact that had J completed such hours between January 1, 2012, and December 31, 2013, J would have satisfied the requirements for re- newed enrollment effective April 1, 2014. ***** Guy R. Traynor, Acting Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). (Filed by the Office of the Federal Register on December 27, 2011, 8:45 a.m., and published in the issue of the Federal Register for December 28,2011, 76 F.R. 81362) January 30, 20123482012–5 I.R.B. Definition of Terms Revenue rulings and revenue procedures (hereinafter referred to as “rulings”) that have an effect on previous rulings use the following defined terms to describe the ef- fect: Amplifieddescribes a situation where no change is being made in a prior pub- lished position, but the prior position is be- ingextendedtoapplytoavariationofthe fact situation set forth therein. Thus, if an earlier ruling held that a principle ap- plied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare withmodi- fied,below). Clarifiedis used in those instances where the language in a prior ruling is be- ing made clear because the language has caused, or may cause, some confusion. It is not used where a position in a prior ruling is being changed. Distinguisheddescribes a situation where a ruling mentions a previously pub- lished ruling and points out an essential difference between them. Modifiedis used where the substance of a previously published position is being changed. Thus, if a prior ruling held that a principle applied to A but not to B, and the new ruling holds that it applies to both A and B, the prior ruling is modified because it corrects a published position. (Compare withamplifiedandclarified, above). Obsoleteddescribes a previously pub- lished ruling that is not considered deter- minative with respect to future transac- tions. This term is most commonly used in a ruling that lists previously published rul- ings that are obsoleted because of changes in laws or regulations. A ruling may also be obsoleted because the substance has been included in regulations subsequently adopted. Revokeddescribes situations where the position in the previously published ruling is not correct and the correct position is beingstatedinanewruling. Supersededdescribes a situation where the new ruling does nothing more than re- state the substance and situation of a previ- ously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same po- sition published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single rul- ing a series of situations, names, etc., that were previously published over a period of time in separate rulings. If the new rul- ing does more than restate the substance of a prior ruling, a combination of terms is used. For example,modifiedandsu- persededdescribes a situation where the substance of a previously published ruling is being changed in part and is continued without change in part and it is desired to restate the valid portion of the previously published ruling in a new ruling that is self contained. In this case, the previously pub- lished ruling is first modified and then, as modified, is superseded. Supplementedis used in situations in which a list, such as a list of the names of countries, is published in a ruling and that list is expanded by adding further names in subsequent rulings. After the original rul- ing has been supplemented several times, a new ruling may be published that includes the list in the original ruling and the ad- ditions, and supersedes all prior rulings in the series. Suspendedis used in rare situations to show that the previous published rulings will not be applied pending some future action such as the issuance of new or amended regulations, the outcome of cases in litigation, or the outcome of a Service study. Abbreviations The fol lowing abbreviations in current use and for merly used will appear in material publis hedintheBulletin. A—Individual. Acq.—A cquiescence. B—Individual. BE—Beneficiary. BK—Bank . B.T.A.—Board of Tax Appeals. C—Individual. C.B.—Cu mulative Bulletin. CFR—Code of Federal Regulations. CI—City. COOP—Coo perative. Ct.D.—Court Decision. CY—County. D—Decede nt. DC—Dummy Corporation. DE—Donee. Del. Order —Delegation Order. DISC—Domestic International Sales Corporation. DR—Donor. E—Estate. EE—Employee. E.O.—Executive Order. ER—Emp loyer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—Fiduc iary. FC—Foreign Country. FICA—Federal Insurance Contributions Act. FISC—Fo reign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Fed eral Unemployment Tax Act. FX—Foreign corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grante e. GP—General Partner. GR—Grantor. IC—Insura nce Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—No nacquiescence. O—Organization. P—Parent Corporation. PHC—Persona l Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Pa rtnership. PTE—Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Re al Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsi diary. S.P.R.—Statement of Procedural Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Trans feree. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpay er. TR—Trust. TT—Trustee. U.S.C.—Uni ted States Code. X—Corporation. Y—Corporation. Z—Corporat ion. 2012–5 I.R.B.iJanuary 30, 2012 Numerical Finding List 1 Bulletins 2012–1 through 2012–5 Announcements: 2012-1, 2012-1 I.R.B.249 2012-2, 2012-2 I.R.B.285 2012-3, 2012-4 I.R.B.335 2012-4, 2012-4 I.R.B.335 2012-5, 2012-5 I.R.B.348 Notices: 2012-1, 2012-2 I.R.B.260 2012-3, 2012-3 I.R.B.289 2012-4, 2012-3 I.R.B.290 2012-5, 2012-3 I.R.B.291 2012-6, 2012-3 I.R.B.293 2012-7, 2012-4 I.R.B.308 2012-8, 2012-4 I.R.B.309 2012-9, 2012-4 I.R.B.315 2012-10, 2012-5 I.R.B.343 2012-11, 2012-5 I.R.B.346 Proposed Regulations: REG-149625-10, 2012-2 I.R.B.279 REG-102988-11, 2012-4 I.R.B.326 REG-130777-11, 2012-5 I.R.B.347 Revenue Procedures: 2012-1, 2012-1 I.R.B.1 2012-2, 2012-1 I.R.B.92 2012-3, 2012-1 I.R.B.113 2012-4, 2012-1 I.R.B.125 2012-5, 2012-1 I.R.B.169 2012-6, 2012-1 I.R.B.197 2012-7, 2012-1 I.R.B.232 2012-8, 2012-1 I.R.B.235 2012-9, 2012-2 I.R.B.261 2012-10, 2012-2 I.R.B.273 2012-12, 2012-2 I.R.B.275 2012-13, 2012-3 I.R.B.295 2012-14, 2012-3 I.R.B.296 Revenue Rulings: 2012-1, 2012-2 I.R.B.255 2012-2, 2012-3 I.R.B.286 2012-5, 2012-5 I.R.B.337 Treasury Decisions: 9559, 2012-2 I.R.B.252 9560, 2012-4 I.R.B.299 9561, 2012-5 I.R.B.341 9562, 2012-5 I.R.B.339 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2011–27 through 2011–52 is in Internal Revenue Bulletin 2011–52, dated December 27, 2011. January 30, 2012ii2012–5 I.R.B. Finding List of Current Actions on Previously Published Items 1 Bulletins 2012–1 through 2012–5 Notices: 2010-88 As modified by Ann. 2011-40, is superseded by Notice 2012-1, 2012-2 I.R.B.260 2011-28 Superseded by Notice 2012-9, 2012-4 I.R.B.315 Revenue Procedures: 2003-61 Superseded by Notice 2012-8, 2012-4 I.R.B.309 2007-44 Modified by Ann. 2012-3, 2012-4 I.R.B.335 2011-1 Superseded by Rev. Proc. 2012-1, 2012-1 I.R.B.1 2011-2 Superseded by Rev. Proc. 2012-2, 2012-1 I.R.B.92 2011-3 Superseded by Rev. Proc. 2012-3, 2012-1 I.R.B.113 2011-4 Superseded by Rev. Proc. 2012-4, 2012-1 I.R.B.125 2011-5 Superseded by Rev. Proc. 2012-5, 2012-1 I.R.B.169 2011-6 Superseded by Rev. Proc. 2012-6, 2012-1 I.R.B.197 2011-7 Superseded by Rev. Proc. 2012-7, 2012-1 I.R.B.232 2011-8 Superseded by Rev. Proc. 2012-8, 2012-1 I.R.B.235 2011-9 Superseded by Rev. Proc. 2012-9, 2012-2 I.R.B.261 2011-10 Superseded by Rev. Proc. 2012-10, 2012-2 I.R.B.273 Revenue Procedures— Continued: 2011-49 Modified by Ann. 2012-3, 2012-4 I.R.B.335 Revenue Rulings: 2008-40 Modified by Notice 2012-6, 2012-3 I.R.B.293 2011-1 Modified by Notice 2012-6, 2012-3 I.R.B.293 Treasury Decision: 9517 Corrected by Ann. 2012-4, 2012-4 I.R.B.335 Ann. 2012-5, 2012-5 I.R.B.348 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2011–27 through 2011–52 is in Internal Revenue Bulletin 2011–52, dated December 27, 2011. 2012–5 I.R.B.iiiJanuary 30, 2012 INDEX Internal Revenue Bulletins 2012–1 through 2012–5 The abbreviation and number in parenthesis following the index entry refer to the specific item; numbers in roman and italic type following the parentheses refer to the Internal Revenue Bulletin in which the item may be found and the page number on which it appears. Key to Abbreviations: AnnAnnouncement CDCourt Decision DODelegation Order EOExecutive Order PLPublic Law PTEProhibited Transaction Exemption RPRevenue Procedure RRRevenue Ruling SPRStatement of Procedural Rules TCTax Convention TDTreasury Decision TDOTreasury Department Order EMPLOYEE PLANS Determination letters, issuing procedures (RP 6) 1,197 Letter rulings: And determination letters, areas which will not be issued from: Associates Chief Counsel and Division Counsel (TE/GE) (RP 3) 1,113 Associate Chief Counsel (International) (RP 7) 1,232 And general information letters, procedures (RP 4) 1,125 User fees, request for letter rulings (RP 8) 1,235 Qualified plans: Determination letters (Ann 3) 4,335 Group trusts (Notice 6) 3,293 Retirement plans, covered compensation, permitted disparity (RR 5) 5,337 Technical advice to IRS employees (RP 5) 1,169 Full funding limitations, weighted average interest rates, seg- ment rates for: January 2012 (Notice 10) 5,343 EMPLOYMENT TAX Interim guidance for cost of health care coverage reporting on Form W-2 (Notice 9) 4,315 Letter rulings and information letters issued by Associate Of- fices, determination letters issued by Operating Divisions (RP 1) 1,1 Technical Advice Memoranda (RP 2) 1,92 ESTATE TAX Letter rulings and information letters issued by Associate Of- fices, determination letters issued by Operating Divisions (RP 1) 1,1 Technical Advice Memoranda (RP 2) 1,92 EXCISE TAX Letter rulings and information letters issued by Associate Of- fices, determination letters issued by Operating Divisions (RP 1) 1,1 Technical Advice Memoranda (RP 2) 1,92 EXEMPT ORGANIZATIONS Annual notice to donors regarding pending and settled declara- tory judgment suits (Ann 1) 1,249 Certain filing changes for tax-exempt organizations (Notice 4) 3, 290 Letter rulings: And determination letters: Areas which will not be issued from Associates Chief Counsel and Division Counsel (TE/GE) (RP 3) 1,113 And general information letters, procedures (RP 4) 1,125 Exemption application determination letter rulings under sec- tions 501, 509, 4940, and 4942 (RP 10) 2,273 Exemption application determination letter rulings under sec- tions 501 and 521 (RP 9) 2,261 User fees, request for letter rulings (RP 8) 1,235 Technical advice to IRS employees (RP 5) 1,169 GIFT TAX Letter rulings and information letters issued by Associate Of- fices, determination letters issued by Operating Divisions (RP 1) 1,1 Technical Advice Memoranda (TAMs) (RP 2) 1,92 INCOME TAX Application of the segregation rules to small shareholders (REG–149625–10) 2,279 Basis reporting by securities brokers and basis determination for debt instruments and options (REG–102988–11) 4,326 Conduit financing arrangements (TD 9562) 5,339 Continuing education provider and accrediting organization (RP 12) 2,275 Credits: Iowa credit disaster relief (Notice 7) 4,308 New markets tax credit (TD 9560) 4,299 Current refundings of tax-exemptbonds in certain disaster relief bond programs (Notice 3) 3,289 Equitable relief under section 66(c) or section 6015(f) (Notice 8) 4,309 January 30, 2012iv2012–5 I.R.B. INCOME TAX—Cont. Forms: 1097, 1098, 3921, 3922, 5498, 8935, and W-2, requirements for filing electronically; correction to Rev. Proc. 2011–40 (Ann 2) 2,285 Interest: Investment: Federal short-term, mid-term, and long-term rates for: January (RR 2) 3,286 Letters rulings: And determination letters, areas which will not be issued from: Associate Chief Counsel andDivision Counsel (TE/GE) (RP 3) 1,113 Associate Chief Counsel (International) (RP 7) 1,232 And information letters issued by Associate Offices, determi- nation letters issued by Operating Divisions (RP 1) 1,1 Maximum vehicle values, specialvaluation rules, 2012 (RP 13) 3,295 Proposed Regulations: 26 CFR 1.275–7, revised; treasury inflation-protected securi- ties issued at a premium (REG–130777–11) 5,347 26 CFR 1.382–3, amended; application of the segregation rules to small shareholders (REG–149625–10) 2,279 26 CFR 1.6045–1, amended; 1.6045A–1, amended; 1.6045B–1, amended; basis reporting by securities brokers and basis determination for debt instruments and options (REG–102988–11) 4,326 Publication 1220, specifications for filing forms 1097, 1098, 3921, 3922, 5498, 8935, and W-2 electronically; correction to Rev. Proc. 2011–40 (Ann 2) 2,285 Recurring item exception (RR 1) 2,255 Regulations: 26 CFR 1.45D–1, added; 1.45D–1, amended; new markets tax credit (TD 9560) 4,299 26 CFR 1.275–7T, added; treasury inflation-protected securi- ties issued at a premium (TD 9561) 5,341 26 CFR 1.881–3, amended; conduit financing arrangements (TD 9562) 5,339 26 CFR 300.0, amended; 300.12, revised; 300.13, added; user fee to take the registered tax return preparer competency examination (TD 9559) 2,252 26 CFR 901.11, amended; regulations governing the perfor- mance of actuarial services under the Employee Retirement Income Security Act (ERISA)of 1974; correction (Ann 4) 4,335; correction (Ann 5) 5,348 Regulations governing the performance of actuarial services un- der the Employee Retirement Income Security Act (ERISA) of 1974; correction (Ann 4) 4,335; correction (Ann 5) 5,348 Safe harbor reporting: Eligible REMICs required to report on Schedule Q informa- tion with respect to REMIC assets (Notice 5) 3,291 Guidance for REIT investing in certain REMIC regular and residual interests (RP 14) 3,296 Standard mileage rates, 2012 (Notice 1) 2,260 Technical Advice Memoranda (TAMs) (RP 2) 1,92 INCOME TAX—Cont. Transitional relief for section 6045B issuer returns and state- ments for 2011 organizational actions (Notice 11) 5,346 Treasury inflation-protected securities issued at a premium (TD 9561) 5,341; (REG–130777–11) 5,347 User fee to take the registered tax return preparer competency examination (TD 9559) 2,252 SELF-EMPLOYMENT TAX Letter rulings and information letters issued by Associate Of- fices, determination letters issued by Operating Divisions (RP 1) 1,1 Technical Advice Memoranda (TAMs) (RP 2) 1,92 2012–5 I.R.B.vJanuary 30, 2012 January 30, 20122012–5 I.R.B. 2012–5 I.R.B.January 30, 2012 January 30, 20122012–5 I.R.B. INTERNAL REVENUE BULLETIN The Introduction at the beginning of this issue describes the purpose and content of this publication. The weekly Internal Revenue Bulletin is sold on a yearly subscription basis by the Superintendent of Documents. Current subscribers are notified by the Superin- tendent of Documents when their subscriptions must be renewed. CUMULATIVE BULLETINS The contents of this weekly Bulletin are consolidated semiannually into a permanent, indexed, Cumulative Bulletin. These are sold on a single copy basis andare notincluded as part of the subscription to the Internal Revenue Bulletin. Subscribers to the weekly Bulletin are notified when copies of the Cumulative Bulletin are available. Certain issues of Cumulative Bulletins are out of print and are not available. Persons desiring available Cumulative Bulletins, which are listed on the reverse, may purchase them from the Superintendent of Documents. ACCESS THE INTERNAL REVENUE BULLETIN ON THE INTERNET You may view the Internal Revenue Bulletin on the Internet at www.irs.gov. Select Businesses. Under Businesses Topics, select More Topics. Then select Internal Revenue Bulletins. INTERNAL REVENUE BULLETINS ON CD-ROM Internal Revenue Bulletins are available annually as part ofPublication 1796 (Tax Products CD-ROM). The CD-ROM can be purchased from National Technical Information Service (NTIS) on the Internet at www.irs.gov/cdorders (discount for online orders) or by calling 1-877-233-6767. The first release is available in mid-December and the final release is available in late January. HOW TO ORDER Check the publications and/or subscription(s) desired on the reverse, complete the order blank, enclose the proper remittance, detach entire page, and mail to the Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197–9000. Please allow two to six weeks, plus mailing time, for delivery. WE WELCOME COMMENTS ABOUT THE INTERNAL REVENUE BULLETIN If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it, we would be pleased to hear from you. You can email us your suggestions or comments through the IRS Internet Home Page (www.irs.gov) or write to the IRS Bulletin Unit, SE:W:CAR:MP:T:T:SP, Washington, DC 20224. 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